(영문) 대구지방법원 김천지원 2019.11.27 2019고단938

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2019.11.27 2019고단938

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by a fine of two million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2019, the Defendant driven a two-wheeled automobile on August 21, 2019, and proceeded with the crosswalk in front of the Gu and Sinsidong, which is in the Gu and Sinsi-si, with the view of the chamber of commerce and industry.

Since the traffic control is conducted by signal apparatus and a crosswalk is installed, a person engaged in driving of a motor vehicle is required to observe the signal, and when a pedestrian passes the crosswalk, he/she has a duty of care to safely stop in front of the crosswalk so as not to obstruct or endanger the passage of the pedestrian, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and led the Defendant to go beyond the crosswalk by taking the victim C (Influent, 45 years old) and the victim D (influent, 45 years old) who dried the crosswalk in accordance with the pedestrian signals on the front side of the two-wheeled automobile of the Defendant driving, and caused the said victims to go beyond the crosswalk.

The Defendant by occupational negligence sustained injury to the victim C, such as multiple scopic scoppy, which requires approximately two weeks of medical treatment, and injury to the victim D, such as double scopic scopher, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site survey report, photo at the scene of an accident, and photograph of a visual closure;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

1. The victim was suffering from an accident of violating the reason and signal signal in the sentencing of Articles 70(1) and 69(2) of the Criminal Act in the detention of the workhouse;

However, in consideration of the following circumstances, a fine shall be selected and determined:

참조조문

유사 판례

-대구지방법원 김천지원 2015.01.14 2014고단1076

-대구지방법원 김천지원 2013.10.02 2013고단702

-서울동부지방법원 2015.07.22 2015고단1253

-대구지방법원 김천지원 2015.08.12 2015고단631

-부산지방법원 2015.04.15 2014고단9636